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shall in writing direct and authorize that person to file this application, including all understandings and assurances contained
<br />therein; to act in connection with this application; and to provide such additionai information as may be required.
<br />3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by
<br />the United States. It has sufficient funds available to assure operation and maintenance of i[ems funded under [he grant agreement which it will own
<br />or control.
<br />Good TiNe.
<br />a. It, a public agency or the Federal govemment, holds good title, satisfactory to the Secretary, to the landing area of
<br />the airport or site thereof, or wiil give assurance satisfactory to the Secretary that good title will be acquired.
<br />b. For noise compatibiliry program projects to be carried out on the property of the sponsor, it holds good tide
<br />satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance
<br />to the Secretary that good title will be obtained.
<br />Preserving Rights and Powers.
<br />a. lt wili not take or permit any action which would operate to deprive it of any of the rights and powers necessary to
<br />perform any or all of the terms, conditions, and assurances in the grant agreement without the writien approval of the
<br />Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which
<br />would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
<br />b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its tide or other interests in the
<br />property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the properry
<br />upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant
<br />agreement without approval by the 3ecretary. If the transferee is found by the Secretary to be eligible under Title 49, United
<br />States Code, to assume the obligations of the grant agreement and to have the power, authoriry, and financial resources to
<br />carry out all such obligations, the sponsor shall insen in the contract or document transferring or disposing of the sponsor's
<br />interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement.
<br />c. For all noise compatibiliry program projects which are to be carried out by another unit of local government or are
<br />on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that govemment.
<br />Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions,
<br />and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility
<br />program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this
<br />agreement against the local govemment if there is substantial non-compliance with the terms of the agreement.
<br />d. For noise compatibiliry program projects to be carried out on privately owned property, it will enter into an
<br />agreement with the owner of that properry which includes provisions specified by the Secretary. It will take steps to enforce
<br />this agreement against the property owner whenever there is substantial non-compliance with the [ertns of the agreement.
<br />e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will
<br />continue to function as a publiause airport in accordance with these assurances for the duration of these assurances.
<br />f. ]f an arrangement is made for management and operation of the airport by any agency or person other than the
<br />sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authoriry to insure that the airport will
<br />be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and
<br />assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith.
<br />6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this
<br />application) of public agencies that are authorized by the State in which the project is located to plan for the development of [he area surrounding
<br />the airport,
<br />may be located.
<br />Consideration of Local 1nleresL It has given fair consideration to the interest of communities in or near where the project
<br />8. Consultation with Users. In making a decision to underiake any airport development project under Title 49, United States
<br />Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
<br />9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has
<br />afforded the opportuniry for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway
<br />location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the
<br />Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting
<br />representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary
<br />concerning a proposed project.
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